Related Research Articles
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn and a person guilty of this is a contemnor.
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.
Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment.
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment.
Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict regardless of whether they believe a defendant has broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has an absolute right to return any verdict it chooses.
Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statutory versions of the offence exist in Australia, Canada, Ireland, and New Zealand. The Scottish equivalent is defeating the ends of justice, while the South African counterpart is defeating or obstructing the course of justice. A similar concept, obstruction of justice, exists in United States law.
Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority.
Contempt of the Sovereign was an ancient doctrine in English law dating from medieval times, and now obsolete. It was the crime imputed by common law whereby a person disobeyed an Act of Parliament which did not say what the penalty was nor how it was to be enforced – the crime itself was recognised. The doctrine was based on the original custom that an Act of Parliament was an expression of the Sovereign's will, enacted with the "advice and consent" of Parliament. It has been mainly overturned in precedent since the English interregnum. Thus in modern jurisprudence, contravening a statute is not a crime unless the statute expressly says so in clear terms.
The Sex Disqualification (Removal) Act 1919 is an Act of Parliament in the United Kingdom. It became law when it received royal assent on 23 December 1919. The act enabled women to join the professions and professional bodies, to sit on juries and be awarded degrees. It was a government compromise, a replacement for a more radical private members' bill, the Women's Emancipation Bill.
R v Dytham [1979] Q.B. 722 is an English criminal law case dealing with liability for omissions. The court upheld the common law mantra that if there is a duty to act, then failure to do so is an offence.
In the legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries. Under present-day practice, juries are generally summoned for criminal trials in the Crown Court where the offence is an indictable offence or an offence triable either way. All common law civil cases were tried by jury until the introduction of juryless trials in the new county courts in 1846, and thereafter the use of juries in civil cases steadily declined. Liability to be called upon for jury service is covered by the Juries Act 1974.
The history of trial by jury in England is influential because many English and later British colonies adopted the English common law system in which trial by jury plays an important part.
The practice of trial by jury has a long history in Hong Kong. Like most jurisdictions with jury trial, this tradition was introduced into Hong Kong when it became a British colony. The Ordinance for the Regulation of Jurors and Juries was first enacted in 1845. Ever since then, the practice of trial by jury has been important part of Hong Kong’s judicial system. This is also recognised in the Basic Law, Article 86: "The principle of trial by jury previously practised in Hong Kong shall be maintained."
Outraging public decency is a common law offence in England and Wales, Hong Kong and the Australian states of New South Wales and Victoria.
Prevention of the lawful and decent burial of a dead body is an offence under the common law of England, Wales and Northern Ireland. Outside of homicide it is quite rare. It is triable by indictment and can be punished by, at maximum, life imprisonment, an unlimited fine or both.
Disposal of a corpse with intent to obstruct or prevent a coroner's inquest is an offence under the common law of England and Wales. The offence is currently very rarely charged. As a common law offence, it is tried on indictment and can be punished by an unlimited fine and/or period of imprisonment.
Refusal to serve in a public office is an offence under the common law of England and Wales. The offence is currently regarded as obsolete, and it may extend only to the appointment of high sheriffs. As a common law offence, it is tried on indictment and can be punished by an unlimited fine and/or period of imprisonment.
Juror misconduct is when the law of the court is violated by a member of the jury while a court case is in progression or after it has reached a verdict.
A special jury, which is a jury selected from a special roll of persons with a restrictive qualification, could be used for civil or criminal cases, although in criminal cases only for misdemeanours such as seditious libel. The party opting for a special jury was charged a fee, which was 12 guineas just prior to abolition in England.
References
- 1 2 3 Halsbury's Laws of England, volume 26: "Criminal Law", paragraph 686 (5th edition)
- 1 2 Halsbury's Laws of England, volume 61: "Juries", paragraph 858 (5th edition)
- ↑ Halsbury's Laws of England, volume 92: "Sentencing and Disposition of Offenders", paragraph 31 (5th edition)
- ↑ Halsbury's Laws of England, volume 9(1): Contempt of Court", paragraph 434
- ↑ Halsbury's Laws of England, volume 61: "Juries", paragraph 853 (5th edition)
- ↑ The Juries Act 1974, section 18(3)